Terms and Conditions

MTE Terms of Use

Thank you for using this website (“Site”), which is owned and operated by Casa MTE, LLC. (“MTE,” “we,” “us,” or “our”).

These Terms of Use apply to your use of GETMTE.COM and our Message Marketing Program. By using this Site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use or the Privacy Policy, please do not use this Site.

We may, at any time, revise or modify these Terms of Use or impose new conditions for use of this Site. Such changes shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on this Site. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes.

Your Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend this these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Ownership of this Site and its Content

This Site, including all its contents are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All content and intellectual property rights therein are the property of MTE or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any content on this Site does not constitute a waiver of any right in such content. You do not acquire ownership rights to any such content viewed through this Site. Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the content; (ii) you retain any and all copyright and other proprietary notices contained in the content; and (iii) you do not copy or post the content on any network computer or broadcast the content in any media.

Submitted Content and Feedback

With any submitted comments, suggestions, ideas, drawings, concepts, recipes or other information to MTE through the Site, you automatically assign to MTE all right, title and interest to your content. You acknowledge that your content shall remain the property of MTE, and you agree that MTE is entitled to unrestricted use of your content for any purpose whatsoever (commercial or otherwise) without compensation to you. MTE will treat any content you provide as non-confidential and non-proprietary. 

Your Obligations

In consideration of your use of this Site, you agree that to the extent you provide personal information to MTE, it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

Products and Pricing

All products that may be developed by MTE from time to time are subject to change, as is product information, pricing, and availability. MTE reserves the right, at any time, to modify, suspend, or discontinue any website feature or the sale of any product with or without notice. We also reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. You agree that MTE will not be liable to you or to any third party for any limitation, modification, suspension, or discontinuance of our Site features or products. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

We may offer promotions from time to time on our Site that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the terms specific to the promotion will govern.

Payment Terms

For each product you order on our Site, you agree to pay the price applicable for the product as of the time you submitted your order, the delivery fees for the delivery service you select, and any applicable taxes. When you initiate a transaction, you authorize us to provide your payment information to our third-party payment processor so we can complete your order and charge your payment method for the type of transaction you have selected. You may need to provide additional information to verify your identity before completing your transaction.

Availability, Errors, or Inaccuracies

We are constantly updating product and service offerings on our Site. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We may also experience delays in updating information on our Site and in our advertising. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

In the event a product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we will issue a credit to your credit card account in the amount of the charge.

Order Acceptance

Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped).

Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card for the cancelled portion of the order.

Shipping

When you purchase products from us, we will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Any delivery dates provided by MTE are estimates and cannot be guaranteed. We are not liable for any delays in shipments. MTE reserves the right to make deliveries in installments.

Title and risk of loss or damage passes to you upon our transfer of the products to the shipping carrier. Accordingly, we assume no obligation for loss or damage of products while in transit to you. Any claims for loss, shortage or damage to the products arising following our delivery to the common carrier should be submitted to the common carrier.

No Resale

You are not permitted to resell or otherwise use the Products for commercial purposes.

Intellectual Property

The trademarks, logos, marks, graphics, icons, animation, and scripts (collectively, the “Trademarks”) displayed on this Site are registered and unregistered Trademarks and trade dress of MTE and its licensors. In addition, this Site and its content are owned by and are the copyrighted materials of MTE or its partners. Use of the Site does not grant, license or provide a right to use the Trademarks or other trade dress, without the express written permission of MTE. Unauthorized use of any Trademark or content is strictly prohibited and may be a violation of federal and state trademark, copyright or other intellectual property laws.

Links to Third-Party Websites

This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. MTE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Disclaimer of Medical Liability

The content on this Site is for general informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Statements about products and health conditions have not been evaluated by the U.S. Food & Drug Administration. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. Reliance on any information provided by MTE or our employees, other people appearing on the Site at the invitation of MTE, or other visitors to the Site is solely at your own risk.

Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MTE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MTE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

MTE does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized MTE spokespersons. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by MTE of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Indemnification

You agree to indemnify and hold MTE, its subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

United States Only

Unless otherwise specified, this Site and its content are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates.

Governing Law, Jurisdiction and Venue

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal or state courts located in Dripping Springs, TX. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Entire Agreement

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and MTE with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and MTE with respect to this Site and your use of this Site.

Violations

MTE reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address to the Site and to refer any illegal or unauthorized use of the Site to law enforcement.